Govt abuses urgency to extend Anadarko Amendment

The Government is trying to pass legislation
under urgency which would make the Anadarko Amendment –
which limits protest at sea – apply to an additional 1.7
million square kilometres, the Green Party said
today.

Just last month, the Government passed an amendment
to the Crown Minerals Act, dubbed the Anadarko Amendment,
that limited protest activity in New Zealand’s Exclusive
Economic Zone (EEZ) and territorial sea but did not apply to
the high seas. Today, under urgency, the Government will try
to pass a bill that will extend the limits on protest
activity to the high seas over New Zealand’s extended
continental shelf, beyond the exclusive economic zone – up
to 350 miles from New Zealand’s coastline.

“It is
outrageous the Government is now using urgency to sneak
through changes that would limit protest activity on New
Zealand’s entire continental shelf, which is quite
possibly a breach of international law,” said Green Party
oceans spokesperson Gareth Hughes.

“The Government
shouldn’t put the business agenda of large foreign oil
companies ahead of the legal and human rights of New
Zealanders.

“This law change is likely to protect the
interests of the self-described “mega government owned
company” China National Offshore Oil Corporation and
Shell.”

These companies recently submitted a joint
application for a petroleum prospecting permit which extends
beyond the EEZ and into New Zealand’s extended continental
shelf.

“It is staggering that, without public scrutiny,
the Government is about to give itself jurisdiction over
protesting on the high seas – a move that clearly has
international ramifications,” said Mr Hughes.

“It is
dubious that New Zealand even has the legal powers to do
this and it opens New Zealand up to legal
challenge.

“Our own Ministry of Foreign Affairs and
Trade says New Zealand does not have special rights to the
fisheries above the continental shelf beyond the EEZ or to
control other activities such as shipping, yet the
Government is proposing to make laws to establish exclusion
zones around oil ships.

“Once again the Government is
making law for their big business mates and offshore oil
companies.”

References:Ministry of Foreign
Affairs and Trade: “States do not have any special rights
to the water column above the continental shelf; so New
Zealand does not have special rights to the fisheries above
the continental shelf beyond the EEZ or to control other
activities such as shipping.” Source:
http://www.mfat.govt.nz/Treaties-and-International-Law/04-Law-of-the-Sea-and-Fisheries/NZ-Continental-Shelf-and-Maritime-Boundaries.php

Ministry
for the Environment: “In areas where the continental shelf
extends beyond 200NM from the baselines, the water itself
above the continental shelf is not within New Zealand’s
jurisdiction and is part of the high seas.” Source: http://www.mfe.govt.nz/issues/oceans/jurisdictional.html

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